By:  Lucio                                            S.B. No. 1730
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to contracts between commissioners courts and private
 1-2     vendors for certain corrections facilities.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 351.103, Local Government Code, is
 1-5     amended to read as follows:
 1-6           Sec. 351.103.  CONTRACT REQUIREMENTS.  A contract made under
 1-7     Section 351.102 must:
 1-8                 (1)  if the contract includes operation or management
 1-9     of the facility by the private vendor, require the private vendor
1-10     to operate the facility in compliance with minimum standards
1-11     adopted by the Commission on Jail Standards and receive and retain
1-12     a certification of compliance from the commission;
1-13                 (2)  if the contract includes operation or management
1-14     of the facility by the private vendor, provide for regular, on-site
1-15     monitoring by the sheriff;
1-16                 (3)  if the contract includes construction, require a
1-17     performance bond approved by the commissioners court that is
1-18     adequate and appropriate for the proposed construction contract;
1-19                 (4)  provide for assumption of liability by the private
1-20     vendor for all claims arising from the services performed under the
1-21     contract by the private vendor;
1-22                 (5)  if the contract includes operation or management
1-23     of the facility by the private vendor, provide for an adequate plan
1-24     of insurance for the private vendor and its officers, guards,
 2-1     employees, and agents against all claims, including claims based on
 2-2     violations of civil rights, arising from the services performed
 2-3     under the contract by the private vendor;
 2-4                 (6)  if the contract includes operation or management
 2-5     of the facility by the private vendor, provide for a plan for the
 2-6     purchase and assumption of operations by the county in the event of
 2-7     the bankruptcy of the private vendor;
 2-8                 (7)  if the contract includes operation or management
 2-9     of the facility by the private vendor and if the contract involves
2-10     conversion of an existing county facility to private vendor
2-11     operation, require the private vendor to give preferential
2-12     consideration in hiring to employees at the existing facility who
2-13     meet or exceed the company's qualifications and standards for
2-14     employment in available positions;
2-15                 (8)  if the contract includes operation or management
2-16     of the facility by the private vendor, require the private vendor
2-17     to provide health care benefits comparable to that of the county;
2-18                 (9)  provide for an adequate plan of insurance to
2-19     protect the county against all claims arising from the services
2-20     performed under the contract by the private vendor and to protect
2-21     the county from actions by a third party against the private
2-22     vendor, its officers, guards, employees, and agents as a result of
2-23     the contract; and
2-24                 (10)  if the contract includes operation or management
2-25     of the facility by the private vendor, contain comprehensive
2-26     standards for conditions of confinement.
 3-1           SECTION 2.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended,
 3-6     and that this Act take effect and be in force from and after its
 3-7     passage, and it is so enacted.